Second Amendment Rights Prevail In Colorado and Illinois

Colorado state senator John Morse

Colorado state senator John Morse (Photo credit: Wikipedia)

National_Rifle_Association

National_Rifle_Association (Photo credit: ChrisWaldeck)

 

Second Amendment Rights Prevail in Colorado

New York City Mayor Michael Bloomberg Suffers Resounding Defeat

A historic grassroots effort by voters in Colorado’s Senate Districts

11 and 3 has resulted in the recall of Colorado Senate President John

Morse (D) and Senator Angela Giron (D).

 The people of Colorado Springs

and Pueblo sent a clear message to their elected officials that their

primary job is to defend our rights and freedoms and that they are

accountable to their constituents – not the dollars or social

engineering agendas of anti-gun billionai

Recall

proceedings began earlier this year after Sens. Morse and Giron voted

for anti-gun legislation that restricted the ability of law-abiding

residents to exercise their Second Amendment rights, including their

inherent right to self-defense.

 This effort was driven by concerned

citizens, who made phone calls, knocked on doors, and worked diligently

to turn voters out in this historic effort.

The

National Rifle Association Political Victory Fund (NRA-PVF) is proud to

have stood with the men and women in these legislative districts who

sent a clear message that their Second Amendment rights are not for sale

in Colorado. We look forward to working with NRA-PVF “A” rated and

endorsed Bernie Herpin (R) from Colorado Springs and NRA-PVF “AQ” rated

and endorsed George Rivera (R) from Pueblo in the Colorado State Senate.


In an unusually forceful and straightforward opinion in the case of People v. Aguilar, the Supreme Court of Illinois unanimously held that the state’s “comprehensive ban” on the “use of an operable firearm for self-defense outside the home” is invalid on its face under the Second Amendment.  The NRA had participated in the case with an amicus brief.

The court surveyed the Supreme Court’s recent Second Amendment decisions, as well as state and federal precedents from courts in Illinois.  Regarding the significance of the Supreme Court’s opinions, it declared: “neither Heller nor McDonald expressly limits the second amendment’s protections to the home.  On the contrary, both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends beyond the home.”  It also characterized the Illinois law as “a wholesale statutory ban on the exercise of a personal right that is specifically named in and guaranteed by the United States Constitution….”  According to the court, “In no other context would we permit this, and we will not permit it here either.”

While the court noted that “we are in no way saying that such a right is unlimited or is not subject to meaningful regulation,” it did not condition its holding on any further action by the legislature.  It noted Illinois’ recently-enacted Firearm Concealed Carry Act only in passing, stating that it was not “at issue in this case.”

Invoking precedents from two federal appellate courts, the Illinois Supreme Court also held that the state’s general ban on the possession of concealable firearms by minors does not run afoul of the Second Amendment.  Notably, one of the cases upon which the court relied for this portion of the opinion was National Rifle Ass’n of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms [&] Explosives, which upheld a federal prohibition on the sale of handguns by federally licensed dealers to adults aged 18 to 20.  The NRA has recently filed a brief asking the U.S. Supreme Court to review that decision.  Twenty-two state attorneys general also filed a brief in support of NRA’s efforts in that case.

While residents of Illinois eagerly await implementation of the state’s new concealed carry licensing process, they can rest assured that under controlling precedent in both state and federal courts, their right to bear arms in self-defense is not a “privilege” bestowed upon them by the legislature but a fundamental right the state and its localities are bound to respect.


Established

in 1871, the National Rifle Association is America‘s oldest civil

rights and sportsmen’s group.

More than four million members strong, NRA

continues to uphold the Second Amendment and advocates enforcement of

existing laws against violent offenders to reduce crime.

 The Association

remains the nation’s leader in firearm education and training for

law-abiding gun owners, law enforcement and the armed services.

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